• Korea Trade Review
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• v.43 no.4
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• pp.111-130
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• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• The Journal of Aerospace Industry
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• s.70
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• pp.94-116
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• 2008

WTO는 범세계적 글로벌 경쟁상황에서 국가간 무역거래를 제한하고 자원배분을 왜곡하여 결과적으로 세계 후생의 감소를 가져오는 개별 국가들의 관세 및 각종 비관세장벽, 그리고 자원의 효율적 배분을 왜곡하는 각국 정부의 보조금 정책 시정을 위해 창설되었다. 항공기산업에 있어서 보조금 논쟁의 특징은 주로 선-선진국간 분쟁에 국한된다는 점에서 기존의 WTO에서 많은 갈등을 빚고 있는 선-후진국간의 분쟁과는 큰 차이가 있다. 한국이 주도적으로 대규모 개발사업을 추진하면서 정부보조금을 지급할 경우에는 장기적으로 보조금 분쟁에 휘말릴 가능성이 있다. 그러나 미국/유럽간 쌍무협정 체결 내용에서 보듯이 개발보조금 지급 비중이 전체 개발비의 33%이상이 되지 않을 경우는 큰 문제가 없을 것으로 예상되며, 추가적 지원이 필요할 경우에는 직접적 개발비 보다는 관련 지 원인프라 지원을 통해 특정성 문제를 회피할 필요가 있다. 또한 한국은 아직 WTO 민간 항공기 협정 미가입 상태이기 때문에 WTO로부터 당장 규제대상은 아니다. 실제로 WTO 회원 가입 절차는 WTO로부터 요청 후 국내 검토를 거쳐 예비회원가입(2년 소요)-정회원의 절차를 거치게 된다. 또한 보조금 지급에 의한 경쟁자의 산업 피해가 직접적으로 드러날 때까지는 더 많은 시간이 소요되기 때문에 실제로 WTO 제재를 받기까지는 상당한 시간을 확보할 수 있다. 그럼에도 불구하고 WTO 회원이 되면 항공기산업의 육성에 많은 제약이 따르므로 사전적으로 충분한 정부 지원을 통해 조속히 국제경쟁력을 키우는 전략이 필요한 것으로 보인다.

• 정보화사회
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• s.85
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• pp.38-44
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• 1994

'93. 12월 WTO의 보조금/상계관세 협정체결로 산업지원제도 전반에 대한 재검토와 효율적 개편이 요구됨에 따라 체신부는 국내 정보통신 사업이 WTO체계하에서도 지속적으로 국제경쟁력을 확보해 나갈 수 있는 합리적 산업지원 방안을 강구하고자 정보통신산업 지원정책 개편방향을 마련했다.

• Current Industrial and Technological Trends in Aerospace
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• v.6 no.2
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• pp.11-21
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• 2008

This paper focuses on finding the way of aerospace industry promotion in Korea compatible with fair trade system under international rules by considering and analysing the WTO subsidy rules and WTO dispute settlement cases. As for subsidy rules in WTO, the paper deals with two matters such as financial contribution and benefit and further studies provisions on the prohibited subsidies and actionable subsidies. And as for the dispute settlement matters, it reviews the Brazil-Canada case and the US-EC case on civil aircraft export subsidies. While aerospace industry in Korea is not yet internationally competitive still requiring government's continuous supports, it must not be in conflict with subsidy rules under WTO mechanism. This paper makes several suggestions to meet these conditions.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2014.05a
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• pp.170-183
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• 2014

• Science & Technology Policy
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• v.5 no.1 s.70
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• pp.34-37
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• 1995

• International Commerce and Information Review
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• v.9 no.1
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• pp.451-465
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• 2007

It is true that every country which includes the developing country has planned own economic development through government subsidies. Korea also has developed their some major industry through supporting government subsidies. Under the WTO structure, however, government's specific supports for export firms come under prohibited subsidy and subsidy supporting must be based on WTO ASCM(Agreement on Subsidies and Countervailing Measures). The purpose of this paper was to study on the WTO ASCM and to analyze cases on the shipbuilding and Hynix DRAM dispute which Korean concerned major subsidy issue. Korea has been undergoing subsidy dispute with EU and U.S.A. concerned matter of shipbuilding and Hynix DRAM respectively. From this research results were as follow : First of all, the WTO ASCM introduced a definition of subsidy and divided subsidies into three categories and was legally bound through dispute settlement mechanism and implemented by all WTO members. Also, through analyzing cases, results were indicated that Korea wins a lawsuit against the matter of shipbuilding subsidy whereas losing the lawsuit against the matter of DRAM subsidy. It means that the case of shipbuilding subsidy do not violation WTO ASCM and the case of Hynix DARAM is against WTO ASCM. Additionally, as we see the dispute cases concerned Korean industry, it is necessary that government should operate subsidies which were provided for certain governmental policy as consisted with WTO ASCM.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.283-303
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• 2013

When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• Journal of Environmental Policy
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• v.6 no.1
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• pp.61-81
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• 2007

Types of agricultural policy can be catagorized into two general cases: price and income supports. Income supports are any government program designed to provide farmers with higher incomes than they would receive otherwise. These direct cash payments to farmers are known as "deficiency payment" or "direct payment" because they compensate the farmer for the failure of the market to provide farmers with adequate prices. The direct payment to environment-friendly agriculture is a form of income supports for the agriculture production using less pesticides and chemical fertilizers. Because no significant regulation exists on the use of fertilizers substituting chemical fertilizers for crop, the role of the payment on reducing environmental impacts of agriculture is not entirely clear. This uncertainty is likely to be particularly severe in the case that farmers with low-quality land showing greater demand for fertiliser have an incentive to transition to environment-friendly agriculture. The paper shows the case of the current payment system in Korea.